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INCREASING THE PARTISAN THRESHOLD FOR “SMALL” TERRITORIAL COMMUNITIES IN LOCAL ELECTIONS FROM 10,000 TO 50,000 VOTERS FAILS TO ADDRESS THE ISSUE OF EXCESSIVE PARTISANSHIP

Event

On June 25, 2025, MPs of Ukraine (including Vitalii Bezghin and others), using their legislative initiative submitted to the Verkhovna Rada of Ukraine Draft Law № 13419 “On Amendments to the Electoral Code of Ukraine Regarding Certain Aspects of the Organization of Local Elections” (hereinafter – the Draft Law).

According to part one of Article 192 of the Electoral Code of Ukraine (hereinafter – the Code), elections to village, urban village, and city councils (territorial communities with with up to 10,000 voter) are conducted under a majoritarian system of relative majority in multi-mandate electoral districts in multi-member electoral districts into which the territory of the respective territorial community is divided. Each of these districts may elect no less than two and no more than four council members.

In contrast, elections to all other local councils are held under a system of proportional representation, using open electoral lists of local branches of political parties in territorial electoral districts, that constitute subdivisions of a single multi-member electoral district into which a single multi-mandate electoral district are divided (part two of Article 192 of the Code).

According to clause 2 of the Explanatory Note to the Draft Law, “…there is a need to ensure genuine representation of the interests of residents of small communities, where party competition remains underdeveloped. In such communities, it is more appropriate to apply a majoritarian electoral system, which enables the election of candidates who are genuinely known to voters and actively engaged in community life, rather than those reliant on party lists”.

In line with this, the Draft Law proposes amendments to Articles 192, 194, 195, 199, 201, 204, 206, 216, 217, 219, 220, 222, 225, 227, 228, 230, 231, 233–236, 238, 241, 242, 246, 248–253, 255–257, 268, 269, 280, 281, and 283–286 of the Code.

The purpose of these amendments is to reduce the number of territorial community councils whose members are elected under the proportional electoral system. According to the Draft Law, councils of territorial communities with up to 50,000 voters would be elected under a majoritarian system.

CPLR’s assessment

According to Article 7 of the Constitution of Ukraine, local self-governance is recognized and guaranteed in Ukraine.

Based on the provisions of Part Three of Article 140 and Part One of Article 141 of the Constitution of Ukraine, village, urban village, and city councils serve as representative bodies of the respective village, urban village, and city communities. Local self-government bodies are not part of the system of state authorities.

The most appropriate electoral system for electing members of local councils, as representative bodies of local self-government, is considered to be is a multi-member majoritarian electoral system that permits the nomination of candidates both by local both by of political parties and through self-nomination. This system would ensure a closer connection between the territorial community and its council, while also reducing the dependence of local council deputies on political parties.

According to Part Two of Article 36 of the Constitution of Ukraine, the constitutional functions of political parties include facilitating the formation and expression of the political will of citizens, as well as participating in elections. However, the Basic Law does not grant political parties an exclusive right to nominate candidates in local elections.

Granting political parties (which are representative bodies of local self-government) – particularly those with exclusively national status – a monopoly over the nomination of candidates for local council elections appears inconsistent with the fundamental principles of local self-governance. As an alternative, where a proportional electoral system is applied in local elections, the nomination process should be broadened to include the possibility of submitting lists of independent candidates.

Despite the progressive intentions of the authors of the Draft Law, its effectiveness is likely to be limited and fragmented. Overall, the Draft Law fails to address the broader issue of excessive politicization and the disproportionate involvement of national political parties in matters of local self-government, particularly in territorial communities with 50,000 or more voters. Consequently, it does not prevent the risk of local councils being drawn into addressing issues of national importance that fall outside their designated mandate.

It is important to note that regional (oblast) and district (raion) councils are bodies of local self-government that represent the shared interests of territorial communities within their respective regions and districts (Part Four of Article 140 of the Constitution of Ukraine). Neither the proportional electoral system nor its mixed or parallel variations ensure the election of council members directly representing each territorial community. As a result, this undermines the constitutional function of regional and district councils.

Furthermore, the constitutional status of city mayors is uniform, regardless of the size of the urban community’s electorate. Therefore, the presence of two different electoral systems within the Code for electing city mayors appears, at minimum, unjustified.

In view of the foregoing, it is clear that Book Four of the Electoral Code (“Local Elections”) requires a more comprehensive and systematic review, particularly concerning the electoral systems it prescribes.

Conclusion: in accordance with clause 3 of Part One of Article 114 of the Rules of Procedure of the Verkhovna Rada of Ukraine, it is advisable that the Draft Law be referred back to the lead committee for a repeated first reading. This will enable a comprehensive structural review of the proposed amendments to Book Four of the Code, specifically regarding the application of majoritarian electoral systems in local elections.